HomeMy WebLinkAbout20150648 Ver 1_401 Application_20150715AI�LMG
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LAND MANAGEMENT GROUP rrtc
Environmental Consultants
June 30th 2015
TO: Mr. Chad Coburn
NCDENR Division of Water Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: 401 WQC Application; N. Kerr Industrial Park; Phase III Sec II
Cooper Construction
Wilmington, NC (New Hanover County)
Dear Chad:
2®156646
�,Jllr
Enclosed is a 401 WQC application for your review. This application is submitted on behalf of
Cooper Construction for the development of the North Kerr Industrial Park, Phase III Section II. The
applicant plans to construct a large distribution warehouse with associated parking, access, and
stormwater facilities for FedEx. Impacts to 0.447 acre of non - riparian wetlands are necessary to
construct the building and access ways. To mitigate for wetland impacts, the applicant proposes buying
0.5 acre of credits from the Northeast Cape Fear Mitigation Bank.
The Pre - Construction Notification form, associated maps, and site plan are enclosed for your
review. The application fee has been mailed to your Raleigh Office. Please contact me if you have any
questions. Thank you for your assistance with this project.
Sincerely, `
tAJ
Kim Williams
Environmental Scientist
Encl.
Cc: Mr. John McCary, Cooper Construction
Mr. Tim Clinkscales, Paramounte Engineering
Mr. Kyle Dahl, USACE
Ms. Jennifer Burdette, NC DWR
JUL 02 2015
DENR -LAND QUALITY
STORMWATER PERIVIITTING
www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
AI�LMG
LAND MANAGEMENT GROUP rxc.
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No Ava
� Environmental Consultants
June 30th, 2015
TO: Mr. Kyle Dahl
U.S. Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
RE: NWP 39 Application; N. Kerr Industrial Park; Phase III Sec II
Cooper Construction
Wilmington, NC (New Hanover County)
Dear Kyle:
Enclosed is a NWP 39 application for your review. This application is submitted on behalf of
Cooper Construction for the development of the North Kerr Industrial Park, Phase III Section II. The
applicant plans to construct a large distribution warehouse with associated parking, access, and
stormwater facilities for FedEx. Impacts to 0.447 acre of non - riparian wetlands are necessary to
construct the building and access ways. To mitigate for wetland impacts, the applicant proposes buying
0.5 acre of credits from the Northeast Cape Fear Mitigation Bank.
The Pre - Construction Notification form, associated maps, and site plan are enclosed for your
review. Please contact me if you have any questions. Thank you for your assistance with this project.
Sincerely
Kim Williams
Environmental Scientist
Encl
Cc: Mr. John McCary, Cooper Construction
Mr. Tim Clinkscales, Paramounte Engineering
Mr. Chad Coburn, NC DWR
Ms. Jennifer Burdette, NC DWR
www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the
® Section 404 Permit El Section 10 Permit
Corps:
1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit:
2c. Nearest municipality / town: Wilmington ° �. p� i
2d. Subdivision name: �,Vi= ��
2e. NCDOT only, T.I.P. or state N/A JUL 0 2 2015
project no:
3. Owner Information DENR -LAND QUAL11 Y 1
J 3a. Name(s) on Recorded Deed: Trasco Inc.
51 Ut�Jivvrli Ci'. PEcl2'i! � rtNG I
3b. Deed Book and Page No. 1�
3c. Responsible Party (for LLC if I
applicable): j
3d. Street address: 11
3e. City, state, zip: Wilmington, NC 28403 I
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page 1 of 11
PCN Form —Version 1.3 December 10, 2008 Version
because written approval is not required? Certification:
❑ Yes ® No
❑ Yes
® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
® Yes
❑ No
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
® Yes
❑ No
below.
1h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project: N. Kerr Industrial Park; Phase III Sec II
2b.
County: New Hanover County
2c. Nearest municipality / town: Wilmington ° �. p� i
2d. Subdivision name: �,Vi= ��
2e. NCDOT only, T.I.P. or state N/A JUL 0 2 2015
project no:
3. Owner Information DENR -LAND QUAL11 Y 1
J 3a. Name(s) on Recorded Deed: Trasco Inc.
51 Ut�Jivvrli Ci'. PEcl2'i! � rtNG I
3b. Deed Book and Page No. 1�
3c. Responsible Party (for LLC if I
applicable): j
3d. Street address: 11
3e. City, state, zip: Wilmington, NC 28403 I
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page 1 of 11
PCN Form —Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
Page 2 of 11
❑ Agent ®Other, specify: Applicant is the design /build General Contractor for
4a.
Applicant is:
the proiect.
4b.
Name:
Mr. John McCary
4c.
Business name
(if applicable):
Cooper Construction 1
1
4d.
Street address:
50045 1h Avenue South
4e.
City, state, zip:
1I
Birmingham, AL 35212 1I
4f.
Telephone no.:
4g.
Fax no.:
jI
4h.
Email address:
11
5.
Agent/Consultant Information
1I
(if applicable)
5a.
Name:
1i
Kim Williams I
5b.
Business name
(if applicable):
Land Management Group, Inc. 1
5c.
Street address:
3805 Wrightsville Avenue, Suite 15
5d.
City, state, zip:
Wilmington, NC 28403
5e.
Telephone no.:
1
(910) 452 -0001
5f.
Fax no.:
1I
(910) 452 -0060 I
5g.
Email address:
kwilliams @lmgroup.net
Page 2 of 11
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1 b. Site coordinates (in decimal degrees):
1 c. Property size:
2. Surface Waters
Portion of R03400- 001 - 058 -000
Latitude: 34.2985 Longitude: - 77.8991
(DD.DDDDDD) (- DD.DDDDDD)
25.36 ac
2a. Name of nearest body of water (stream, river, etc.) to Acorn Branch
proposed project:
2b. Water Quality Classification of nearest receiving water: C; Sw
2c. River basin: Cape Fear 03030007 1
3. Project Description I
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site is currently undeveloped and forested.
3b. List the total estimated acreage of all existing wetlands on the property:
— 1 acre
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
N/A
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a large distribution warehouse with associated parking, access, and
stormwater facilities for FedEx.
3e. Describe the overall project in detail, including the type of equipment to be used:
This project includes the construction of 213,000 -sf distribution warehouse, parking for employees and large and mid -
sized trucks, two -way access and turn - around areas for loading /unloading, and stormwater facilities. Site will be cleared
and graded. Stormwater facilities will be installed and roads /utilities will be constructed. Then building construction will
occur. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / ® Yes ❑ No ❑ Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type ❑ Preliminary ® Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company:
Name (if known): Paul Farley Land Management Group, Inc.
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Emily Hughes and Kyle Dahl of the USACE approved the wetland line in the field on 1/21/2015. Wetland surveys are
included in this application for signature.
5. Project History
5a. Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
6. Future Project Plans
6a. Is this a phased project?
6b. If yes, explain.
❑ Yes ® No
Page 4 of 11
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ❑ Streams - tributaries
❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete
this question for each wetland area impacted.
2a. 2b. 2c.
2d.
2e. 2f.
Wetland impact
Type of jurisdiction
number — Type of impact Type of wetland
Forested
(Corps - 404, 10 Area
of impact
Permanent (P) or (if known)
DWQ — non -404, other)
(acres)
Temporary (T)
W1 ®P ❑ T Fill for building Non - Riparian
pad /access area
® Yes
❑ No
® Corps
® DWQ
0.246
Fill for access
W2 ®P ❑ T Non - Riparian
® Yes
® Corps
DWQ
0.032
area
El No
®
Fill for access
W3 ®P ❑ T Non - Riparian
® Yes
® Corps
® DWQ
0.004
area
El No
Fill for access
W4 ®P ❑ T Non - Riparian
® Yes
® Corps
0.165
area
❑ No
® DWQ
W5 ❑ P [:IT
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.447
2h. Comments:
3. Stream Impacts N/A
If there are perennial or intermittent stream impacts (including
temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
13a. 3b. 3c.
3d.
3e. 3f.
3g.
Stream impact Type of impact Stream name
Perennial
Type of jurisdiction Average
Impact
number -
(PER) or
(Corps - 404, 10 stream
length
Permanent (P) or
intermittent
DWQ — non -404, width
(linear
Temporary (T)
(INT)?
other) (feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 5 of 11
PCN Form —Version 1.3 December 10, 2008 Version
4. Open Water Impacts N/A
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number — (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary (T)
01 ❑P ❑T
02 ❑P ❑T I
03 ❑P ❑T
04 ❑P ❑T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction N/A
If pond or ake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2 11
5f. Total ( I
5g. Comments: 1
5h. Is a dam high hazard permit required?
El Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ) N/A
If project will impact a protected riparian buffer, then complete the chart below.
If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then
you MUST fill out Section D
of this form.
6a.
❑ Neuse
El Tar-Pamlico El Other:
Project is in which protected basin?
❑ Catawba
❑ Randleman
6b. 6c. 6d.
6e.
6f. 6g.
Buffer impact
number — Reason
Buffer
Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation
(square feet) (square feet)
Temporary (T) impact
required?
❑Yes
B1 ❑P ❑T
❑ No
❑ Yes
B2 ❑ P ❑ T
❑ No
F1 Yes
B3 ❑P ❑T
❑ No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
Impacts were minimized as much as possible through careful site design. The project will be a distribution center for FedEx.
The proposed layout has been adjusted as much as possible to avoid wetland impacts while maintaining the site layout
needed by FedEx to ensure safe access for the multiple vehicle types and sizes that frequently access the site. The builder
must adhere to FedEx's requirements for the number of parking spaces for delivery trucks and their required turn clearances.
The wetland impact areas are either truck parking, dock door conditions, or for drainage. The building has loading docks
along the plan right side and drive in doors along the plan left side. The parking shown near Impact 3 has been shifted as far
right as possible to avoid the wetlands and is constrained where it is shown due to a 20' buffer requirement for the property to
the north. The extent of Impact 1 and 2 is due to providing drainage and the minimum pavement width for safe access around
the building.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Silt fencing will be used during construction to reduce sediment from eroding into adjacent wetland areas.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ® Yes ❑ No
impacts to Waters of the U S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ® Corps
® Mitigation bank
2c. If yes, which mitigation option will be used for this
El Payment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: Northeast Cape Fear Mitigation Bank
3b. Credits Purchased (attach receipt and letter) I Type: Non - riparian I Quantity: 0.5 ac
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program N/A
4a. Approval letter from in -lieu fee program is attached. ❑ Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non - riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan N/A
am
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form —Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ N/A
6a. Will the project result in an impact within a protected riparian buffer that requires I El Yes ® No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 8 of 11
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan N/A
1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 54.42
2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Project engineer will prepare a stormwater plan prior to site construction.
❑ Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ® DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
❑ Phase II
❑ NSW
3b.
Which of the following locally - implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4.
DWQ Stormwater Program Review
® Coastal counties
❑ HQW
4a.
Which of the following state - implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006 -246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
El Yes No
attached?
5.
DWQ 401 Unit Stormwater Review N/A
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 11
PCN Form —Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No
use of public (federal /state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ❑ Yes ❑ No
Comments: N/A
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after - the -fact permit application? ❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
This project will not provide access or utilities to adjacent properties. No future wetland impacts are anticipated.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater generated by this project would tie into New Hanover County's system.
Page 10 of 11
PCN Form — Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Yes ® No
❑ Yes ® No
❑ Raleigh
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC Natural Heritage Program GIS layer was used to determine the presence of federally - listed species. No federal or
state listed species are known to occur within the project area.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? I ❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish
Habitat. The project area is not considered EFH or HAPC for any species.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of
cultural or historic resources. No cultural or historical resources were noted within the site.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain? I ❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? The NC Floodplain Mapping Information System
website was used to determine the boundaries of the 100 -year floodplain.
Kim Williams 6/30/2015
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I /we, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for the site. All questions in regards to this project should be
directed to Land Management Group, Inc.
Sincerely,
Owplicant
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New Hanover County, NC LMG Phone: 910.452.0001 •1.866.LMG.1078 Figure 2
1_ AND MANAGEMENT GROUP- Fax: 910.452.0060 USGS Topographic Map
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June 2015
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Phone: 910.452.0001 •1.866.LMG.1078
Fax: 910.452.0060
3805 Wrightsville Avenue, Wilmington, INC 28403
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380�Wrightsville Avenue, Wilmington, NC 28403
SCALE 1" = 300'
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